Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting those branches of the defendant's cross motion pursuant to 22 NYCRR 130-1.1 which were for an award of an attorney's fee and costs incurred in defense of the motion to the extent of awarding the defendant an attorney's fee and costs in the sum of $1,000, and substituting therefor a provision denying those branches of the cross motion; as so modified...
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